Warfield v. State

Briscoe, J., delivered the opinion of the Court. The motion to dismiss this appeal must prevail, because the action of the Court below in overruling the defendant’s exceptions to the plaintiff’s answer, to a demand for a bill of particulars, refusing the demand and requiring the defendant to. plead to the declaration, appealed from, is not such an order or in the nature of a final order as can be reviewed by us on this appeal. It appears from the record now before us that on the 2nd day of June, 1909, the State of Maryland, through its Attorney-General, brought this suit in the Court of Common Pleas of Baltimore City against the defendant, George War-field, formerly Sheriff of Baltimore City. The declaration contains the six common counts in assumpsit and a special count, as follows: And for that the defendant, while holding and occupying the office of Sheriff of Baltimore City, an office of the State of Maryland created by and existing under the Constitution of the State, whose pay or compensation has been and is derived from fees or money coming into his hands for the discharge of his official duties, in and during the year end ⁶⁰¹ ing November 28, 3903, and being’ in and during the year, as Sheriff of Baltimore City, an officer of the State of Maryland whose compensation was received from the fees of his office, and whose compensation was limited by the Constitution of the State to the sum of $3,000 and no more, received and retained the amount of $5,518.79 during the year ending November 28, 1903, the same money being received and coming into his hands for the discharge of his official duties as sheriff, in excess of the sum which by law he was entitled to retain as his salary for the discharge of his duties for the year, namely, $3,000.00, and also for the expenses of his office for that year, which said sum so received and retained by the defendant, and being the money of the State of Maryland, the defendant failed to pay over to the Comptroller of tjie State of Maryland for the State and still refuses to pay over the same, although the same is still due and owing by him to the State.

The plaintiff filed with this declaration an annexed statement of account, the cause of action, duly sworn to by Joshua W. Hering, then Comptroller of the State, as follows: “Baltimore, Md., June 1, 1909. George Warfield, Esq., Former Sheriff of Baltimore City, To The State oe Maryland, Dr.: For amount retained as sheriff of Baltimore City for the year ending November 28, 1903, in excess of salary ($3,000.00) for said year and of expenses of said office for said year, $5,518.79. (With interest from said date of November 28, 1903).” On the 29th of June, 1909, the defendant appeared to the suit and filed a demand for a bill of particulars of the plaintiff’s claim. On the 14th of July, 1909, the plaintiff filed an answer to the demand for a bill of particulars, as follows: That the statement of the particulars heretofore filed by the plaintiff, with its declaration, sufficiently sets forth the ⁶⁰² particulars of the plaintiff’s claim therein, and the defendant is not entitled to demand further particulars of said claim.

The State' of Maryland further shows that the defendant, at or after the conclusion of his term of office as Sheriff of Baltimore City, mentioned in the declaration and statement of the particulars of the claim heretofore filed by the State, the plaintiff herein, and prior to the institution of this suit, took possession of and removed from the office of the Sheriff the books of entry and account wherein and while the defendant was Sheriff during his term as aforesaid the entries of the receipts and disbursements of the sheriff’s office during said term, as well as the entries of the amounts paid over by the defendant, as Sheriff as aforesaid, to the State of Maryland were recorded and kept, and that the defendant accord; ingly was and is fully informed of ail the particulars of the plaintiff’s claim and is not entitled to any further or greater particulars than those set forth in the declaration and statement of the claim filed herewith by the plaintiff as aforesaid. And on the 29th of July, 1909, the defendant filed the following exceptions to the plaintiff’s answer and to the bill of particulars: 1. Because the bill of particulars and answer filed by the plaintiff are insufficient. 2. Because the State Auditor examined and verified the accounts of the defendant and passed them as correct. 3.

Because the plaintiff must be in possession of all of the particulars of its alleged claim against the defendant, since it has, by its Comptroller, made affidavit to the amount of money claimed by it to be due from the defendant as set forth in its declaration filed by it in this case and sworn to as